Fair use wasn't designed for AI, but AI doesn't change the motivations and goals behind copyright. We should be returning back to the roots - why do we have copyright in the first place, what were the goals and the intent behind it, and how does AI affect them?
The way this technology is being used clearly violates the intent behind copyright law, it undermines its goals and results in harm that it was designed to prevent. I believe that doing this without extensive public discussion and consensus is anti-democratic.
We always end up discussing concrete implementation details of how copyright is currently enforced, never the concept itself. Is there a good word for this? Reification?
The person I responded to? Yes I'm agreeing with them, just adding my own thoughts. Maybe I could've worded that better :)
I don't know the word but it's similar to arguing morality or public policy from the current status of the law.